That the accused wrongfully engaged in extramarital conduct with a certain person; That, at the time, the accused knew that the accused or the other person was married to someone else; and. A conviction of adultery could end your military career forever. In most cases within the military, this rule is typically enforced when adultery is within the chain of command and other charges like fraternization can be added when married members of the military (officer or enlisted) cheat on their spouses with each other while serving together. (4) Mistake of fact: A defense of mistake of fact exists if the accused had an honest and reasonable belief either that the accused and the co-actor were both unmarried, or that they were lawfully married to each other. The first two elements are self-explanatory; the third is more complex. General Petraeus may have been protected by his status as a retired 4-star general. Adulterous conduct that is directly prejudicial includes conduct that has an obvious, and measurably divisive effect on unit or organization discipline, morale, or cohesion, or is clearly detrimental to the authority or stature of or respect toward a servicemember. Discredit means to injure the reputation of the armed forces and includes adulterous conduct that has a tendency, because of its open or notorious nature, to bring the service into disrepute, make it subject to public ridicule, or lower it in public esteem.
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